The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts how third-party debt collectors — collection agencies, debt buyers, and collection attorneys — can contact and treat you. It does not apply to original creditors collecting their own debts, but it covers most collection situations you're likely to encounter.
What Collectors Are Prohibited From Doing
- Calling before 8am or after 9pm in your local time zone
- Calling your workplace if you tell them your employer prohibits such calls
- Contacting third parties (family, neighbors, employers) about your debt — they can only contact others to locate you
- Using obscene, profane, or abusive language
- Threatening violence or harm
- Making false statements — including falsely claiming to be attorneys, government representatives, or credit bureaus
- Threatening to sue on a time-barred (expired statute of limitations) debt
- Adding unauthorized fees, interest, or charges
- Reporting false information to credit bureaus
- Contacting you after you send a written cease-communication request
Even one FDCPA violation entitles you to statutory damages of up to $1,000 per lawsuit, plus actual damages and attorney fees. Consumer protection attorneys often take these cases on contingency. Document every violation immediately.
Your Right to Demand Validation
Within 5 days of first contacting you, a debt collector must send you a written validation notice that includes the debt amount, the creditor's name, and notice of your 30-day right to dispute.
If you send a written debt validation request within 30 days of first contact, the collector must cease all collection activity — including credit reporting — until they provide adequate verification. They cannot continue calling, threatening, or reporting until validation is complete.
Your Right to Stop All Contact (Cease and Desist)
You can send a written cease-communication letter at any time demanding the collector stop contacting you. After receiving it, the collector may only contact you one final time to acknowledge receipt and inform you of any specific action they intend to take (like filing a lawsuit).
A cease-and-desist stops contact — it doesn't eliminate the debt. The collector can still sue you. If the debt is valid and within the statute of limitations, stopping contact shifts the collector toward legal action. Use this strategically.
The Validation Rights Under the 2021 Rule
In 2021, the CFPB updated FDCPA rules (Regulation F) to address modern communication. Key updates: collectors can now contact you via email and text (unless you opt out), voicemails left at your personal number are not prohibited, and collectors must provide an 'opt-out' mechanism for electronic communications. You have the right to opt out of digital contact entirely.
How to Document and Report Violations
- Keep a log of every call: date, time, name of caller, what was said
- Save all letters, texts, and emails from collectors
- Record calls where legal (single-party consent states allow you to record your own calls)
- Send your cease letter via certified mail — keep the receipt
- File a complaint at CFPB.gov/complaint and your state attorney general
- Consult a consumer protection attorney — many states have additional protections and remedies beyond the FDCPA
FDCPA vs. FCRA: Which Applies When
| Situation | Applies |
|---|---|
| Collector calling you at midnight | FDCPA |
| Collector reporting wrong balance to bureau | FCRA (and possibly FDCPA) |
| Original bank calling about your late payment | Neither (original creditors) |
| Collector suing on expired debt without disclosing time-bar | FDCPA |
| Bureau refusing to investigate your dispute | FCRA |
| Collection attorney threatening a lawsuit they can't file | FDCPA |